The deals were flying fast and furious at Sundance with no fewer than 19 films getting bought for seven figures. Though those deals were far from being distributed evenly. 7 came from the US Dramatic section and 9 from the Premiere section.

So why I am not ready to pull out the champagne just yet?

While certainly low budget films like “Dope”, “The Witch”, and “Tangerine” were profitable, even with $1-2M deals, many of these films will be losing out. Worse, because these are often all-rights deals (for the narrative films at least), it is unlikely they will see anything beyond the MG.

Similarly, on the distributor side, there were more films that sold for seven figures this year than generated over $500K in theatrical revenue from last year’s Sundance. Of course, digital has to be factored in, but it does seem to suggest many distributors are likely to regret their spending spree in the coming months.

Currently, I can confirm deals for 58 of the 117 premieres in the festival. Here’s how they break down by section:

So who are the winners and losers in this? Let’s start with the sales agents.

WME is by far the biggest victor of the bunch. Their sales deals generated over $30M in MG’s. I am sure there are bonuses to be paid out. Though they still have not sold all of their lineup.

ICM, UTA, and CAA all generated over $10M in deals but still have a large chunk of their slate yet to get bought. It is also worth noting that CAA is behind the two biggest deals at EFM that combined to be worth more than $10M.

In the middle of the pack is Submarine. While they sold their narrative film and generated the three biggest doc deals, the majority of the US docs yet to be bought are also Submarine titles. Personally, I have a hunch this has more to do with them having too many films and too high an asking price than anything else.

Cinetic, meanwhile clearly has some explaining to do. While none of the independent sales agents can claim a seven figure deal on their own, most can at least say about half their product has been bought. Cinetic left with not even 1/3 of their films announcing deals. It is safe to assume that even with a dozen films combined this was far from a profitable festival for them.

The Films

Some none star driven fare generated bigger buys including “Dope”, “The Witch”, “The Hallow”, and “Tangerine”. “The Witch” and “The Hallow” were also seven figure US rights only deals which means there should be quite a bit more to come for these two genre pics. On the documentary side “Best of Enemies” and “The Wolfpack” both sold to Magnolia for high six figures.

While most docs still opted for a piecemeal distribution strategy there were two that went for the ease of an all rights deal. “Racing Extinction” basically sold off worldwide TV to Discover Network and “Hot Girls Wanted” opted for Netflix. Frequently we are seeing more and more docs focus on TV and with small Oscar qualifying runs being provided. While theatrical releasing for docs is getting harder and the audience for TV/Netflix growing this makes sense. Almost half of the doc deals are specifically geared towards TV in a trend I don’t see letting up anytime soon.

Meanwhile on the narrative side films like The D Train ($3M) and “The End of the Tour” ($1-2M) saw major deals, they likely still are not profitable. Talent like Jack Black and Jesse Eisenberg are unlikely to have worked for scale. In most cases I cannot verify budgets but from prior experiences can make informed guesses. For example, there is a film that has yet to be bought from Sundance 2015 that has an eight figure budget. It would have to generate a festival record to be profitable. At this point it’s simply not possible and there is no doubt that investors will lose millions.

Distributors

There is no way of covering these deals without addressing the new (or reenergized) players in the room. Alchemy (formerly Millennium) spent big for “Strangerland” and “Zipper” with each costing them between $1-2 Mil. Reviews were mixed on the titles but with stars like Nicole Kidman and Patrick Wilson they are likely pushing for digital $.

Bleeker Street took “I’ll See You in my Dreams” starring Blythe Danner and managed to keep the acquisitions price under $1M.

And Broad Green Pictures snagged the Robert Redford starrer “A Walk in the Woods” for high seven figures. At this point none of the companies have yet to release a film. History suggests there could be trouble for the filmmakers (just look at the tragic situation that was “Gun Hill Road”).

While these new distributors ultimately left with mid-level product, what they managed to do was drive up the price of the most desired fare. In this arena it was the seasoned players and semi-new all-stars that was against dominated the field. A24 spent about $5M combined for “The End of the Tour”, “The Witch”, “Mississippi Grind”, and “Slow West”.

Far and away the bidding champ though was Fox Searchlight. With over $20M combined for Audience/grand jury winner “Me And Earl And the Dying Girl,” “Brooklyn,” “True Story,” and “Mistress America.” Obviously Fox Searchlight badly needed titles, the real question is how much they overpaid and what will ultimately recoup?

What is interesting is two different films opted to turn down higher up front deals. “The Bronze” rejected a $5M offer from Netflix to go with a $3M deal from Relativity. And “Me and Earl and the Dying Girl” saw its bidding war go into 8 figures but went for a participatory arrangement that could see them make millions more if it’s a success. It came with a base MG of $4.7M.

Waiting in the Wings

There will continue you to be a large number of deals announced all the way through SXSW. Distributors that have yet to strike include Strand Releasing, Drafthouse Films, CNN Films, Amazon, Bond/360, Amplify, Radius-TWC etc.

I fully expect ¾ + of the Sundance lineup to have some form of US distribution by mid-March. While there have been some big deals at EFM it is much harder to say if the high prices will continue for SXSW and Tribeca. I maintain (especially in the documentary and horror space) that patience can be a virtue. In fact TFC has frequently seen our biggest bookers came from one of the Sundance backups (“Weekend”, “I Am Divine”, “Regarding Susan Sontag”, etc).

So what about the films that haven’t sold yet? On the narrative side they appear to be in two camps. Star driven but with difficult subject matter (“Stockholm, Pennsylvania”) or no names at all. In fact at this point only one film in the entire Next section has distribution. This despite the solid success of “Obvious Child” and “A Girl Walks Home Alone at Night” last year.

Meanwhile, there were big deals aplenty to be had. More intellectual films (“The Stanford Prison Experiment”, “Advantageous”, “Experimenter”) are all still looking for buyers. The films that sold big are either thought to have crossover appeal or high digital $ potential. All of the above mentioned films yet to be bought are certainly set to be money losers. The question is, how much? And if it would be beneficial to pursue some form of DIY distribution.

There is also a widening divide between what wins and what gets bought. ½ of the award winners still lack distribution deals. With 5-7 films in each category getting something there is minimal value to a prize unless it is the Audience or Grand Jury Award. Even then, we’ve seen that for the World Dramatic section they help with festival bookings but rarely in the theatrical space.

This brings me to my final point. All is not lost for the films that have yet to be bought. Some of the bigger deals this year went to LGBT themed films like “Grandma” and “The D Train”. Their distributors will almost certainly pull the films from the fest circuit making titles like “Take Me to The River”, “Tig”, and “The Summer of Sangaille” far more popular on the quite vast LGBT festival circuit.

There is space for all the films in the festival to find an audience. The more big players pursue wider releases, the easier it is for these smaller titles to maximize revenue through ancillaries like festivals and special screenings. Of course for star driven fare that fails to get bought this may seem quite disappointing, but I’d rather make $50K from festivals than not exploit the revenue source at all.

Below are the list of all the films with distributors. Highlighted films were bought before the festival announced their lineup and cannot be considered festival acquisitions.

Orly chimes in with her 2¢:

I ask myself what does this mean? Is it irrational exuberance? Or rather, will this trigger such a continued reaction? It’s not as if digital distribution creates audiences that did not exist before. As always, there are new players in the market, which always drives a market because everyone needs “product” or else they have to close their doors. That’s the neat and scary thing about film—it’s sexy and people with money are always attracted to it, even if more often than not, on a per film basis more is spent than earned (A-list talent vehicles, tentpoles, and certain genre blockbusters excluded). It’s always great for the directors whose careers may be made. Hopefully enough money trickles back to producers and investors—and that’s what we will aim to track going forward, doing our best to estimate spending and suss out from filmmakers if they made their money back from MGs and royalties, etc. We encourage you to share so that when filmmakers approach us asking what budget ranges they should be constrained by if they want to recoup, we can better assist then to determine that. Knowledge is power people, so please don’t hold back, even if anonymously. And for all those filmmakers who did not close distribution deals, don’t worry, there’s nothing they distributors can do that you cannot do, if you have the money and the time.

We thought we’d start off 2015 with a bit about digital platforms that filmmakers can utilize directly, without giving rights to a distributor and without necessarily having to go through an aggregator. When I say “platform,” what I mean is a place on the Internet that film viewers would go to consume cinema. While filmmakers are always encouraged to distribute off their own websites and social media pages, that is not the subject of this blog. To accomplish DIY off the film’s site and social media pages, filmmakers are encouraged to work with Distrify or VHX, for example. For now we cover the following distinct platforms that filmmakers can directly access: MUBI, FANDOR, VIMEO, WOLFE ON DEMAND, and DOCURAMA (just a tad, and more will be discussed in a few weeks).

MUBI

MUBI describes its offering as a hand-picked selection of the best cult, classic and award-winning films from around the globe. “Every day MUBI’s in-house film experts select a great new film and you have 30 days to watch it. So there’s always 30 brilliant films to enjoy. We have a huge audience of passionate cinephiles from every corner of the planet who watch, rate, review and share great cinema.” See more at mubi.com/about.

Q: How film viewers can access it?

The service is the only subscription service available worldwide (193 territories). So whether you are in Venezuela or Vancouver you’ll be able to experience a beautiful collection of 30 hand-picked films. MUBI works on the web, mobile devices, internet-connected TVs and games consoles. On MUBI’s mobile apps you can download films and watch offline.

Financial model of platform How audiences pay (if at all) and how do filmmakers make money:

MUBI brings one new film to the platform every single day. Each film plays on the platform for a 30-day window. Revenue is split 50/50 with the filmmaker (or whomever is the rights holder) based on views over the 30-day run. A MUBI membership costs around $4.99 USD in most countries for a month or £2.99 in the UK or €4.99 in the EU.

Deals Offered to Filmmakers:

MUBI typically licenses films for a 2-year period, non-exclusive. They license by territory, but also do global deals or groups of territories.

How Films Get Onto MUBI:

MUBI takes films directly from filmmakers and also from studios, distributors and aggregators.

Q: What does your company do to drive audiences / consumers to this platform?

“Beyond the normal channels (digital, social, offline) we work in partnership with festivals and organisations [organizations] like Cannes, Berlinale, MoMa, AFI, Lomokino, Picturehouse Cinemas, we curate seasons and retrospectives, host screenings, run events… the list goes on! Also, in the UK (one of our focus countries) we have a mutli-level advertising campaign launching in 2015.”

Revenue ranges:

[This question is almost never answered by any businesses so don’t hold it against MUBI for not answering.]

Speaking from experience, however, we at TFC have enjoyed seeing hundred of dollars that eventually added up to some small version of thousands for a film that did not do better business anywhere else. In fact, I would say MUBI was a source of revenue that was particularly useful for a smaller art house film that would not be sought out on the more commercial platforms such as iTunes.]

What MUBI does to market films:

“We have huge communication channels offline and off. When a title is selected as the ‘film of the day’ all these channels are directed towards promoting that film. The difference with MUBI, for the filmmaker, is that instead of your film sitting in a library of a thousand films, your film is one of just thirty. Every day we send out a dedicated ‘Film of the Day’ email to hundreds of thousands of people globally, the email features “Our Take” – the reasons why we selected the film and why it’s worth watching. We build editorial context around films rather than leaving them fighting alone. We run one of the most respected online sources for film criticism, Notebook. So if your film is on MUBI it’s less about creating a long-term revenue stream and more about exposure for the film in a targeted, well-contextualised burst which can be a great complement to (or continuation of) a theatrical or DVD release. A film is on MUBI for 30 days but for those 30 it is the centre of our attention. It works for the audiences and filmmakers alike, great films can find people that want to watch them.”

FANDOR

Fandor can be accessed via apps available through iTunes (iPhone, iPad) and Google Play (Android phones and tablets including Kindle Fire), and as a channel on Roku.

Fandor offers an extensive and rich library of over 6000 films, from around the world, in over 500 genres, and of all lengths, handpicked for people who love the transforming experience of great cinema. Fandor fulfills the promise of an online cinematic experience, marrying curation with contextual information for a global community of film lovers and filmmakers.

Fandor Availability / Accessibility:

Fandor is available in the US and Canada, accessible anytime to subscribers.

Financial model of platform—How do audiences pay (if at all) and how do filmmakers make money:

Fandor members subscribe on an annual ($90) or a monthly ($10) basis. Both subscription types offer a 2-week free trial. Subscription revenue is shared, with 50% going to the film rights holders, divided based on availability and audience viewership.

Deals Given to Filmmakers:

Because our model is a revenue share, the amount that filmmakers earn will vary based on viewership. 20% of the shared revenue is split among all films on the platform; the remaining 80% is allocated based on seconds of viewing to individual films.

Fandor Gets Films Direct From Filmmakers And Distributors:

Fandor has partnerships with hundreds of distributors and approximately 125 filmmakers (direct).

What Fandor does to drive audiences / consumers to its platform:

“We have an extensive marketing program that includes advertising, social outreach to over 160K fans, public relations, personalized email and integrated promotional campaigns. We also have a network of 4 blogs that addresses Fandor customers (The Fandorian), film aficionados (Keyframe), the film industry (Hope for Film), and filmmaker-to-filmmaker (Hammer to Nail).”

Fandor’s response to our request to share revenue ranges for films on its platform:

“We’re a private company and typically don’t share our financials and membership data.”

Special initiatives Fandor has brewing:

“We have two initiatives currently targeted to film festivals (Fandor|Festival Alliance) and to filmmakers (FIX). These initiatives are part of a larger effort to build relationships across the film world as part of a larger mission to advance and preserve film art and culture.”

“Probably the best example is the Shocktober campaign we did for October. We showcased a different horror film each day through the month of October. The campaign was integrated across our ads, our website, our social networks, and email. We also did two video trailers. I’ve attached a .gif we used for social and email, and following are links to the videos. The campaign culminated in a day/date release of the remastered THE CABINET OF DR CALIGARI on Halloween.”

VIMEO ON DEMAND

Vimeo allows one to distribute films, series, and videos with all the power of Vimeo, its community, and its legendary

HD player. Anyone can use Vimeo On Demand – from established and first-time filmmakers to creators of video tutorials or video performances. “Vimeo On Demand helps creators distribute feature films, documentaries, series, episodes, TV shows, instructional videos, and more. It puts all the control in the hands of creators, who can choose to offer buy and rent options at their own prices, sell on Vimeo and their own website, worldwide or in select countries.”

Accessibility:

Vimeo On Demand is available worldwide and allows viewers to watch films on pretty much any screen, from computers and tablets to connected TVs, all in full HD (even 4K!). Vimeo On Demand is a global, open platform where any filmmaker can sign up and start selling their videos.

Financial model of platform:

Vimeo On Demand offers creators the ability to sell their movies to rent or own. “Viewers pay by credit card or PayPal. Creators earn 90% of the net revenue from every sale—which is the best deal in the film business!”

Direct-to-Filmmaker Distribution:

Vimeo accepts films first-time filmmakers and distributors.

Q: What does your company do to drive audiences / consumers to Vimeo?:

“Vimeo has 170 million monthly visitors and more than 30 million registered users. We regularly promote curated selections of movies from Vimeo On Demand to this massive audience on-site, via email and on social media. We also have ongoing paid marketing campaigns and publisher partners working to bring viewers to Vimeo On Demand.”

Revenue:

“Vimeo On Demand has been proud to power some of the most successful direct distribution releases ever. We are not allowed to share our users’ revenue data.”

What Vimeo does on marketing front for its films:

“Our Audience Development team is actively working to market films via our own platform as well as through digital advertising, social media marketing, and a growing list of publisher partners. Vimeo On Demand is the only direct distribution platform that brings a built-in audience and markets films on the platform.”

[NOTE: My colleague David Averbach has informed me that there is a way, for filmmakers who are allowed to offer VOD off their film’s website, but not other external sites, to hide Vimeo On Demand videos from vimeo.com.]

WOD split is 50/50. Wolfe have also entered into a strategic relationship with Vimeo and WOD will soon live on their platform. Wolfe’s site is powered, in part, by Distrify which takes a cut of revenues, as will Vimeo. Wolfe also notes that the partnering with Vimeo will also involve additional marketing opportunities.

Direct with Filmmakers and Distributors:

“We work with all kinds of filmmakers directly as well as distributors.”

Q: What does your company do to drive audiences / consumers to this platform?:

“Wolfe has been in the business of releasing LGBT films since 1985. With 30 years in the business we have the experience, relationships community good will and connections to help connect films with the audiences who want to see them. We utilize our mailing lists, social media, advertising, PR, community outreach and creative marketing as well as a wide array of other marketing tools and strategies. Wolfe’s strength is in consumer marketing. We dedicate considerable resources to unique programs domestically and abroad to drive traffic to WolfeOnDemand.com.”

Revenue Ranges:

[Like the others, Wolfe did not disclose.]

Special initiatives Wolfe has brewing:

Yes, stay tuned for some exciting news to be announced in late January 2015.

DOCURAMA

We’ll be covering this one in a few weeks as information is being updated…

As the name suggests, this platform focuses on documentaries.

The channel is available on iOS, Roku, XBox, Amazon Fire, Western Digital, Opera, to name a few.

We will send proper information about Docurama in a few weeks. For now, TFC recommends working directly with these platforms when they are a fit for your film. We will update about other platforms as we learn of them, if we think they are worthy of focus.

As we have seen every year for several years now, we are experiencing additional technological revolution that will change our business forever. In 2014, we said adieu to the preview DVD (for festivals, distributors, exhibitors, press etc.) in favor of the online screener link. We said goodbye to the HDCAM and the final nail in the coffin of the Digibeta. We struggled with the problems of the DCP and all its imperfections and inevitability (at least for a few more years). And we are RIGHT ON THE VERGE of the greatest evolution we will experience in recent years, which will be full delivery of films for exhibition via the Internet…whether it turns out to be Vimeo or Drop Box or iCloud or other. If we can remove the SHIPPING part of the independent film business, filmmaker (and distributor) profits may greatly increase without that part of the equation. We are almost there now…

2) THE HARD-TO-ACCEPT REALITY OF MARKETING SMALL FILMS:

As much as all of us at TFC have talked about the need to identify and target niche audiences, the ones who would be the most interested and excited to see a project because it speaks to a belief or lifestyle or cause, most indie filmmakers still aren’t heeding this advice. Of the consultations I had this year, most were with filmmakers who made micro-budget dramas with no notable names and were without prestigious festival accolades. They still believed a distributor would be willing to take on their project and give it a full release. Even those who realized this wasn’t going to happen found the financial burden associated with the kind of release they envisioned too difficult to bear, especially because they were likely to never see that money again (hence why distributors weren’t willing to take on the burden).

If you’re going to work small, you need to think small, but deep. You NEED a small, but highly passionate audience that you can reach given the resources and assets you have. Their enthusiasm will help you if you can harness their attention early on. I won’t say this is easy, but before you embark on a project that could take thousands of dollars and years of your life, first think about how you will approach the audience for your work and how you will maintain it on a consistent basis. If you think someone else is going to take care of that for you, you haven’t been paying attention to the shifts in the indie film marketplace.

If you think someone else is going to [attract and maintain a niche audience] for you, you haven’t been paying attention to the shifts in the indie film marketplace.

3) WHEN BROADCASTERS WANT STREAMING RIGHTS – WHAT TO DO?:

Increasingly, broadcasters are seeking streaming rights along with traditional TV broadcast rights and they have holdbacks on streaming and SVOD at a minimum, and often on transactional digital (DTO/DTR) too. For sure they limit / prohibit cable VOD. As a filmmaker, you only have leverage to demand a higher licensing fee if your film is a hot commodity. Otherwise, while online (or in-app) streaming will possibly gut your transactional VOD sales, you can’t beat the reach a broadcaster can give to your film. Think very hard about turning down a broadcast deal that includes online streaming. Will your iTunes/Amazon/Google Play sales really be so much if very few people have heard of your film? iTunes and Amazon are not going to promote your film like a broadcaster would.

Then again, which broadcaster is it? How big is its reach? How much publicity and marketing will you get? How much digital distribution are you barred from and for how long? Not all types of films make the same money on all types of platforms so does your film demand-to-be-owned? or is a renter, at best. Not all platforms will even accept all films (e.g. all Cable VOD, Sony Playstation, Netflix). Is yours one that will digitally succeed broadly or narrowly, or at all? Will Netflix pay 6-figures like in the good ole days or a lot less, or anything? Do you have a direct-to-fan distribution strategy that you can employ in tandem so as to not need to rely on other digital platforms in the first place?

Or if you want to try it all, still, your strategy would privilege the direct sales anyway. Which is better for your goals, a film that gets national broadcast airings or a film that turns down that opportunity only to be buried in the iTunes store? Or would it not be buried? Only you can answer this as not everyone’s goals are the same and not everyone’s opportunities / potentials are the same. As we have always said, knowing your film’s ACTUAL potential and combining that with your HIERARCHY OF GOALS will help you answer these questions and decide your distribution strategy.

And while it may feel like you are giving up revenue by allowing your film to be streamed (hopefully for a limited time!) through a broadcaster’s portal, you may find this is a good career move for your next feature because people will be familiar with your work having had the opportunity to see it.

4) THE HEAVY BURDEN OF THE NARRATIVE WITH NO NAMES:

Several of us opined about the challenges facing narratives with no names.

The emerging mega strength of incredible television series available everywhere threatens narrative film even more than before, and of course, especially the smaller indie fare.

We have seen time and again how narrative dramas or comedies almost always fall flat in sales unless they have very strong names and not just C-list or B-list names. Of course there are exceptions to this rule and Sundance can be part of that, or a hot director, or simply just an exceptional break out film. But too many filmmakers look to those as the model when they are the anomaly. The pattern we, at TFC, see repeated too often is the making of a decent or good but not exceptional narrative with names that are okay but not great and then wasting time trying to make a big or even medium sale. It just does not happen. Money and time are lost and careers often not made. Again, there are exceptions, and of course certain niches such as LGBT may be one of them, but we advise discerning between passionate optimism and sheer folly.

5) TRANSPARENCY—The Kale of Film Distribution:

The big takeaway from 2014 about TRANSPARENCY is that, on the one hand, it has become a sort of new, hip standard—something cool and good, like eating kale—that more honest distributors practice and/or shadier ones pretend to because it’s more expected. On the other hand, however, we were surprised at how many filmmakers still resist it—resist sharing their data, even anonymously. And to that, all we can ask is, what are you afraid of? It’s meant to be good for the filmmaking community as a whole but maybe individually folks are scared about what the truth will bring. And some folks just want to eat bacon. We get it. Still, we encourage sharing the real data for the greater good and we will keep on working to inspire and facilitate more TRANSPARENCY.

We at TFC wish you and yours a delightful new year and we are looking forward to being even more of service to filmmakers in 2015!

Last May, TFC released the second book in our series called Selling Your Film Outside the US. As with everything in the digital space, we are trying to keep track of a moving target. Netflix has now launched in France, Germany, Austria, Switzerland, Belgium and Luxembourg. iTunes continues its transactional VOD domination by partnering with Middle East film distributor Front Row Filmed Entertainment to give Arabic and Bollywood films a chance to have simultaneous releases in eight countries: UAE, Egypt, Bahrain, Qatar, Oman, Lebanon, Jordan and Kuwait. Amazon has just launched several new original series in the US and UK, including critical darling Transparent, to a line up that includes returning series Alpha House and Betas.

But what does DIY Distribution mean in the context of European territories? The following is an excerpt included in the book:

Here are a few tips for any filmmaker who is thinking about doing digital distribution in general, but especially in multiple territories:

-If your film is showing at an international film festival, ask if they are producing subtitles, and, if so, negotiate that the produced file be part of your festival fee. It may need to be proofed again or adjusted at a subtitling and transcription lab later on, but as a first pass it could prove very valuable down the road. See more about the kind of file you need in this post;

-When you are producing your master, create a textless version of your feature. Apple and probably other platforms will not allow external subtitles on any films that already have burn-ins. If your film, for example, has a few non-English lines of dialogue, instead of burning-in English subtitles into your film, a better method would be to create an external English-language subtitle file (separate from closed captioning) in a proper format and submit it with your master. Different aggregators may require different formats, and if you are going to a Captioning/Transcription/Translation Lab to do your closed captioning and subtitling work, be smart about which questions you ask and negotiate a price for everything, including transcoding from one format to another because you may not know exactly what you will need for all your deals right away.

Subtitles need to be timed to masters, so make sure your time code is consistent. When choosing a lab, ascertain whether they are capable of fulfilling all your current and future closed captioning and subtitling needs by verifying that they can output in the major formats, including (but not limited to) SubRip (.srt), SubViewer 1 & 2 (.sub), SubStation Alpha (.ssa/.ass), Spruce (.stl), Scenarist (.scc) and iTunes Timed Text (.itt);

-You may want to band together with films that are similar in theme or audience and shop your products around as bundled packages. Many digital services, including cable VOD, have thematic channels and your bundle of films may be more attractive as a package rather than just one film;

-Put the time in toward building your brand and your fanbase. Marketing still is the missing piece of the puzzle here. As it gets easier and easier to get onto platforms, so too does it get more difficult for audiences to find the films that are perfectly suited to their interests. This is especially true when talking about marketing one’s film outside one’s home territory. If you are accessing platforms for your film on your own, YOU are the distributor and the responsibility of marketing the film falls entirely to you.

To download a FREE copyof the entire book, complete with case studies of films distributed in Europe, visit sellingyourfilm.com.

The Toronto International Film Festival (TIFF) is just behind us and films submitted for Sundance are a month away from their acceptance call. While the difference between Toronto/Sundance and SXSW/Tribeca is pretty clear, what separates Toronto from Sundance might surprise you.

I looked at the data from the last two year’s of each festival and came up with one big conclusion. Sundance is the bigger festival for North American distribution on just about every measurable level I could come up with.

How could this be? Toronto is the more mainstream fest, right? Not so much.

Let’s start with some comparative info that would clearly skew things in Toronto’s favor:

-62.5% of films from TIFF 2013 have US distribution

-81.3% of films from SUNDANCE 2014 have US distribution (and remember this was accomplished in 9 months compared to TIFF’s 13 months)

But what about the box office performance?

Sundance has a higher percentage of films that grossed over $1 Million, $500,000, and $100,000 than TIFF. This is including non world premiere films which would give TIFF an advantage.

But what about the size of the deals? Isn’t TIFF where the big money is? Hardly

11 films from TIFF 2014 generated 7 figure deals, 11 films from TIFF 2013 did the same. The difference is TIFF screens 2.5x as many films. Even eliminating the # of films with US distribution before TIFF started and cutting out foreign language films, producers were still twice as likely to get a seven figure deal at Sundance.

The Documentary King

TIFF is a much more diverse slate, but sorely lacking in docs. Roughly 1/3 of Sundance films are documentaries, while only about 1/10 of TIFF films are. Even then, docs were more likely to get distribution out of Sundance than TIFF and by a very wide margin. 90% vs 52%. The majority of docs that made the Oscar shortlist came from Sundance, as have a majority of nominees in the last five years.

Foreign Language Problem

In contrast to their #1 status as a place to launch documentaries, Sundance’s World Cinema lineup is far from a sure bet.

While only 41% of Sundance 2014 World Dramatic films have US distribution, that percentage is still higher than foreign language films that screened at TIFF. The % is higher even if we include all foreign language films and not just world or international premieres at TIFF. So even in Sundance’s weakest area your odds are still better than at TIFF.

That all noted, TIFF receives some high profile foreign language films that will ultimately generate bigger deals and make a dent in the US box office, but those are few and far between in an already very unprofitable arena.

So What Does a TIFF Screening Mean?

TIFF does two things that Sundance does not. It functions as a worldwide market and it is a frequent must for awards buzz films.

Sundance films do better on a domestic level. TIFF films are more likely to generate some form of worldwide interest and the majority of major worldwide players are in attendance.

Sundance has an international presence, but nothing on the same level of going into the Hyatt and taking the United Nations tour of film booths.

Sundance also doesn’t take studio films, which TIFF does. I would argue this is part of the problem TIFF films face. The competition for attention is so much higher with studio films in the mix that many simply get lost in the shuffle.

The DIY Mindset

In the age of DIY options at very low cost, one has to wonder why so many films at TIFF didn’t take advantage of Vimeo’s $10k offer in 2013. In fact, 55 world premieres still lack US distribution, which means with 100% certainty they turned down $10k to chase a pipe dream of success.The worldwide sales agent aspect at TIFF makes it a lot harder to discuss DIY options, but things are slowly starting to change.

This year was the first time multiple filmmakers were willing to openly discuss DIY options for release with me during the fest.

Sundance has their Artist Services program and some very notable DIY success stories (Detropia, Indie Game: The Movie, Upstream Color etc). But the biggest difference is Sundance is early in the year. There are tons of festivals left with which to build exposure going into release.

While it is almost always advisable to hit the festival circuit running, if one didn’t do that at Sundance, it’s easier to rev up the process than at TIFF when the year is nearly finished. If you don’t pursue additional festival screenings right away, your film would play TIFF and not screen anywhere until the following year. Remember there aren’t a lot of festivals in November/December. By that point people have moved onto Sundance and don’t even remember what they saw at TIFF.

The Take Away

Don’t buy into the hype about a festival without carefully looking at the info. While many Oscar winners have come from TIFF, the stats don’t lie. For domestic success, your odds are better with Sundance. This doesn’t make TIFF a bad festival, it’s easily the 2nd best launch pad in North America, but it’s important to know that your film is more likely to get a distribution deal out of Tribeca than TIFF if you have a documentary.

The consensus from this year’s TIFF was that there weren’t too many hidden gems, but with 288 features would any of us even know? At a certain point size is a liability and I think that TIFF needs to shrink its slate or get more creative when it comes to highlighting world premieres without big names.

In two prior posts, I chronicled how rapid technological change was impacting the exhibition side of independent film, and how this was affecting filmmakers and their post-production and delivery choices. In January 2013, in a post called “The Independent’s Guide to Film Exhibition and Delivery” I discussed the rise of the DCP in independent exhibition, and the potential dangers it posed to filmmakers on a budget. And later that year, I posted “Digital Tape is Dead” in which I gave further evidence that it was possible to resist the rise of DCP…at least for the time being… and the reasons for doing so.

It’s a little over a year later, so I am returning to the topic to take stock of what a difference another year makes. And as always, the main goal of this exercise is to help you, as filmmakers, to make the best post and delivery choices in finishing and exhibiting your films.

Of the many things that The Film Collaborative does, one of our core services is booking our clients’ and members’ films in public venues all over the world – including everything from film festivals, traditional theatrical venues, universities, art galleries, etc. Every year, this work hits a peak frenzy in October, which is unquestionably THE month of the year with the largest number of film festivals. By simply comparing our booking format totals from October 2013 to October 2014, I can see that once again the landscape of booking has evolved substantially in the last 12 months.

BOOKINGS IN OCTOBER 2013 (total 195 booking engagements):

BLURAY: 144

DVD: 25

DCP: 12

HDCAM: 10

Digibeta: 2

Quicktime File: 2

BOOKINGS IN OCTOBER 2014 (total 268 booking engagements)

BLURAY: 162

DCP: 84

DVD: 12

HDCAM: 6

Quicktime File: 4

Other than the fact that we are obviously a busy company (!), the main takeaway here is that the DCP’s slow and seemingly inevitable rise to the top is continuing, although the actual majority of venues (especially in the U.S.) are still trying to cut costs by the use of BluRay. In Europe, the DCP has already overtaken all other formats, and is nearly impossible to resist if you want to play in any reputable festivals or venues. And after DCP and BluRay, all other formats are now nearly dead worldwide, at least for now.

There are many reasons why this isn’t good news for independent filmmakers (which we’ll go into)…but the first and most obvious problem is that all of the filmmakers we work with are still making multiple HDCAMs! From the data above it is clear, STOP MAKING HDCAMS PEOPLE! I know many companies that have stopped producing them entirely, and are providing only on DCP, BluRay, and DVD.

Usually, an independent filmmaker’s first worry about DCPs is the initial price – indeed it is the most expensive exhibition format to make since the 35mm print. However, the good news is that it has already dropped in price quite a bit from 2013…now if you look around you are sure to be able to get an initial one made for $1,000 – $1,500 (compared to around $2,500 a year ago).

Now there is the really weird situation with the subsequent DCPs…and what you should pay to make additional copies. If you’ve seen DCPs, you’ll know that they often come in these elaborate and heavy “Pelican Cases” with a “Sled” hard drive with USB adaptors and power supplies. That’s the kind the studios use, and they will usually run you around $400 per additional DCP…which is expensive.

The strange thing is that every tech-savvy person I know tells me that this is all window-dressing, and that a regular “Office Depot style drive” USB 3 Drive for $100 serves exactly the same purpose and is actually a bit more reliable since it has less moving parts. Add to this the simple charge for copying the DCP (for which our lab charges only $50), and you’ve got subsequent DCPs at only $150 each…which of course is even cheaper than old tape-based formats like HDCAM and Digibeta.

If someone out there knows why one SHOULDN’T go with the more inexpensive option, I’m all ears. Call me, tweet us @filmcollab, leave a comment on our Facebook page! ‘Cause I haven’t heard it yet.

Of course, its still not a super-cheap $10 BluRay, but the truly annoying thing about the DCP and all its solid state technology and its fancy cases is that it is HEAVY, surpassing everything except old 35mm prints in weight. As a result, the cost of SHIPPING becomes a major issue for independents, and more than $100 every time you send since you obviously aren’t going to put your pristine file in regular mail. If you’ve been booking and playing films for a long time, you’ll know that $100 in shipping is often the difference between a profitable screening a not-so-profitable one…and so the cost adds up quickly.

It’s truly the cost of shipping that makes me sad that the BluRay is doomed as a major exhibition format. At one point, when filmmakers and distributors made “P&A” assessments for their films, the biggest cost in the “P” analysis was the cost of shipping heavy prints. For a brief and shining moment….from like mid 2013 to mid 2014… the lightweight BluRays took that part of the “P” out of the equation entirely…and that sure was nice.

But the (dirty and secret) truth is that COST isn’t the main problem with DCP. It is the RELIABILITY of the format. The horrible fact is that DCP is the most unreliable format in terms of playability that we have ever had….bar none that I can think of. BluRays used to have the reputation for failing often, but they were easy to include a back-up copy with, and they have drastically improved in the last two years such that they almost never fail. DCPs, however, now fail ALL THE TIME, at an alarming rate, and for an alarming number of reasons.

Rather than go into the deep tech-geek reason for DCP failures in venues all over the world…I am going to copy a few recent emails from labs, festivals, and venues I have been communicating with in the last couple of weeks. I promise you…all of this is just in the last two weeks! And all of these are all different films and different DCPs!

[EXAMPLE] On September 16th, XXXX wrote:

So, bad news guys, we couldn’t access the hard drive on this DCP, so it’s our thoughts that it is dead.

[EXAMPLE} On September 18th, XXXX wrote:

Nothing over here is recognizing this DCP. The drive appears to be EXT3 formatted and I think this may be why it’s not recognizing as a usable hard drive. Generally, we use NTFS and EXT2 formatted drives. This one does have a bluray backup, but if you can try to get us another DCP, that’d be cool.

[EXAMPLE} On September 17th, XXX wrote

We just got the DCP and the sled was loose and the final screw holding it came off. It’s the plastic thing that pops out. Just now I noticed that most of the screws on it are loose. It won’t play because I think we need to replace the screws?

[EXAMPLE} On September 22,, XXXX wrote

We are facing difficulties with the DCP as our Server does not seem to recognize the drive. We have spoken to your lab and we think it’s because our server cannot recognize Linux Files. We have about 100 DCPs in our festival, and this is happening to about 10 of our films. Can you offer any advice?

It is this last example that really cracks me up….if you happen to know anything about DCP you know that Linux was chosen as the best format for DCI-complaint files. So the fact that a festival could not read Linux, but could still read 90 out of 100 of their DCPs is absolutely mid-boggling, as I thought Linux was in fact the common denominator.

But I digress.

As filmmakers, is any of this what you want to be doing with your time? Do you really want to know about EXT3 and EXT2, and do you seriously want to worry about replacing loose screws on a drive? Do you want to reduce your whole filmmaking experience as to whether a venue can read Linux or not? Do you have time for this?

Just this weekend, we had a screening in North Hollywood where the sound on the DCP went out for the last 5 minutes of the film, all the way through the credits. Is this acceptable? I thought not.

It was better before. We don’t like to think that evolution is like this….getting worse rather than better….but in truth it often is. And this is one of those times.

The truth is, I will never trust this format. The DCP was created by a 7-member consortium of the major multinational studios called the Digital Cinema Initiative (DCI). It represented only the major studios…and created a format best suited to their needs. They have since adapted all the major venues to their needs. Is it any wonder that these needs do not represent the needs of independent filmmakers? Do we have any doubt that that any “consortium” would actively seek to suppress the needs of its competition? It created encryption codes only they can functionally work with. It put all the rest of us in danger, in my opinion. Let’s just talk about their unworkable encryption technology if we want to start somewhere. KDMs on independent films are a joke….leaving us more vulnerable to piracy than ever.

So, here is why the “P” matters more than ever. And why there is still GREAT reasons to hope. Just when you thought I was writing a depressing post, I am going to flip this b*itch. And I mean “b*itch” in the best manner possible.

The truth is…the age of cloud based computing, the no shipping, the no P in “P&A” reality is finally nearly upon us.

The truth is…it will not be long before we can use cloud-based services to deliver our films to venues all over the world. Of course, it is happening now….but it is not a mature system yet. But my guess is that it WILL be very soon. Definitely less than 5 years.

With all the new services like Google Drive, WeTransfer, DropBox, Vimeo, etc all rapidly evolving…..we are only months (if not years) from really delivering our films without help from middle men like Technicolor and FED EX. And that will be a good thing. A great thing really. I believe it will increase our indie profits many fold.

Already, every single day, I have numerous festivals asking me to DropBox them the films we are working with. In truth, I haven’t figured out really how to do that yet in quality levels I am comfortable with that also make financial sense. I am in constant dialogue with our lab and our tech people as to how to make this work in terms of uploading time, server space, and quality of presentation.

But it is clear to me that it IS happening over time….if anyone knows the secrets…again, I am ALL ears! Please call me! Because I truly believe that when we can remove the P from the P&A equation….and I mean truly remove it such that any number of prints and all shipping can be eliminated as easily as sending someone a link to an FTP or whatever…..we will re-enter an age where independent film distribution will make real financial sense. Imagine that, for a moment.

And the weirdest thing is I think it is truly happening… any day now.

NOTE: Step 4 in this blog series will be an analysis of how to deliver your film digitally and via The Cloud. We aren’t there yet….BUT that is what I will cover in the next post of this series. Hopefully new updates will happen by the end of the year!

I’m back to blogging after a long (2 years!) hiatus in law school and the first thing I want to discuss is something that frustrates us about the filmmaker consultations we give. At The Film Collaborative (TFC), it is shocking how much of what we said 5 years ago when we first started the company and what we continue to say over and over again has not trickled down and stuck to filmmakers.

While we like to think that we are changing minds and getting filmmakers to be more proactive about making their own decisions regarding distribution of their films, sadly, this doesn’t seem to be the case in the majority. The same issues keep coming up (no you probably won’t be getting a 7 figure deal for distribution…no your film is not a fit for Sundance…no you shouldn’t just sign any deal that slides across the table).

Maybe you’re afraid of letting go of the notion that your job is only to make a good film and someone will buy it for big sums and you can move on fast to your next film.

Maybe you’re worried that if you cannot look an investor in the eye and say that the odds of selling and making all the film’s money back within a year or two are good, you won’t be able to make films.

Maybe you aren’t actually following any of the information currently coming out of every festival panel and industry publication about how the distribution world stands today.

But that doesn’t mean new information isn’t available and the independent film world still works like it did in 2008.

This is information we analyze daily at TFC. Clinging to the old mythology just makes it easier for distributors to cling to non-transparency in how money is made in distribution and it’s all a vicious and unsustainable cycle. You need to know the real story on how deals are structured now, what kinds of revenue is being recouped and why, and what role audience data plays in the continuation of your filmmaking career. This is not some 90’s pipe dream of make a film, reap immediate millions.

In law, they call that “willful blindness” where a person seeks to avoid liability for a wrongful act by intentionally putting his or herself in a position where he or she will be unaware of facts that would render him or her liable. It’s not pretty to see, especially after all this time of talking about properly laying ground-work for self financed distribution. It has to stop and it will eventually because someone who is willfully blind won’t be working as a filmmaker for much longer.

Of course it’s not all about money, it’s also about building your audience and having your film seen and developing your career. These are actually all quite connected, much more often than not.

Here’s a list of things we have been saying for years and keep saying. Please let this stuff stick, it’s good for you! And the more people practice it, the healthier this will be for artists and for the business in general.

Top 15 mistakes made by filmmakers that shouldn’t keep happening are:

Making a horror film and only start thinking in August about how to release it by October of the same year. If you are planning a digital release, you need about a 4-6 month lead time.

Not building community around your film until after you premiered it at a festival (or worse, completed the circuit) such that then you squandered opportunities to build buzz, demonstrate and test audience appeal, and build awareness and marketing or organizational partnerships for future release before your buzz is gone.

Not clearing music rights believing that your distributor will be happy to pay for clearance. Profit margins are already slim for distributors, so they aren’t going to outlay for this expense. Plus, it makes you look unprofessional and extremely misinformed if you don’t have all of your clearances. Plan to work with a music supervisor.

Stealing money from your marketing and distribution budget to feed your production budget even though both are needed. In fact, if you can’t market and distribute your film, you probably shouldn’t even make it. Stop with assuming you won’t need to market and distribute your film. You will at least need to build up some kind of audience awareness and it will be smart for you to start getting immediate revenue from direct distribution.

Making your first documentary largely out of stock footage, which is probably the most expensive kind of documentary you can make. Stock footage is expensive to clear and if you have no track record of success in filmmaking, it is better to steer clear of making an expensive film as your first attempt.

Making a film with no notable names, no clearly identifiable audience, and no plan for how to distribute or market the title. This is an especially bad idea if you were planning to have someone else buy it and distribute it because it has virtually no market value.

Relying on box office gross as an indicator of the commercial success of a film, and using those numbers for the business plan of your film. Box office revenue is only top line revenue, not net revenue and certainly not an indicator of profit.

Believing that MGs in the 6-7 figure range are common for films without A-list talent. Read the trades after a major festival or film market and see what MGs are paid and for what level of talent in the film. If you don’t have this level, you aren’t getting that MG.

Skipping taking good photography on set and thinking frame grabs of the cast and crew will cut it when formulating key art and meeting deliverable requirements from buyers. Here is our post on what is needed for making key art. Still images are absolutely imperative to film sales and film promotion, but also to populate social media channels. Don’t skimp on photography.

Having a 4-minute trailer. Really? Please don’t. Also related, letting your intern or the editor of your film cut your trailer. Please hire a professional trailer editor because it is that important to gaining audience interest in seeing your film.

Conflating “distributor” with “aggregator” and even with “platform” – they are different, the deals will be different, your expectations should be different, etc. This leads filmmakers to make bad or incomplete decisions. See our post on distribution terms.

Many filmmakers drastically “overthink” their festival strategy, and hold back from festival invitations for fear that actions taken now will overexpose the film and hurt its chances with press and distributors later. The truth is that INACTION is the far greater danger. By all means, you should obsess about the right world and international premieres …after that, just identify the best festival opportunities in each local market and let it fly, making sure to also address the festivals that cater to your niche along the way.

Hiring a lawyer who does not know the film business to handle your film deals. Okay, that’s a shameless plug since I’m an attorney now. But truly, as much as knowing the law matters, knowledge of what can be negotiated in a film distribution deal matters so much when it comes to monetizing rights and protecting your work.

Conducting screenings of your film (test screening as well as festivals) and not having a system for collecting email contact details so you can keep in touch about the progression of the release. When will you have another chance to contact these people again? Maximize your ability to keep in contact. There are now some text to subscribe services you can use rather than pass the clipboard.

A lot of film consultants, industry bloggers, film festival panelists, and others all saying the same thing so it’s time to realize what they are telling you is true. Can you hear me? Is this mic still on? It’s time not just to hear, but to listen and follow the advice people are freely telling you. You should no longer continue to make these mistakes.

At the recent Toronto International Film Festival, veteran independent film distributor Bob Berney gave a state of the industry address on distribution. TIFF was kind enough to make his keynote video available on Youtube (you can find it below), but here are some of the highlights if you don’t have 30 minutes to spare watching it.

-We’re in a chaotic, disruptive state right now with bigger studios making fewer, but massively budgeted films that involve huge risk.

-On the flip side, there are many more outlets now available to get a film into the market. The challenge as a producer is how to get revenue from these outlets in order to fund your next work.

-There are now well funded entities coming to major festivals and buying films without any real plan about how to release them.

-Open Road and Relativity Media are now distributing wide release theatrical films, sometimes as service deals (the production pays them to release, instead of the distribution company paying for rights).

-But platform release films, ones that start with opening in only 2-4 cities and then keep expanding their theatrical runs, are starting to have a tougher time finding a home, a company that will take them on. Fewer distributors are taking the traditional theatrical route and there are now more companies taking the day and date or VOD first route. Films that want a traditional release far outweigh the distribution companies that are willing to take on films for that kind of release.

-Berney believes that a theatrical release is the only way for a film to truly break out in the market in a big way.

-The bar for films that warrant having a large theatrical release has really been raised. The expense to release those films, even if using digital marketing, is big and the market is very competitive. Distributors who fund the marketing and distribution costs for those films are very wary about the ability to recoup.

-This summer there were many indie films that played in theaters against the studio blockbusters and did well. Boyhood, Magic in the Moonlight, Chef, Belle, Begin Again all surpassed expectations about how they would fare against the studio films. Berney believes it was because there was nothing else to see. Either superhero films or these and nothing in between. He guesses that the market could have taken even 4-5 more indie films this summer. People went to see some of those successful titles 2-3 times because there wasn’t much to choose from. Theatrical companies could have picked up more. The Fall season is crowded, but the summer could have used a few more releases.

-Because the deals are so different and the numbers come in sporadically, releasing VOD numbers is still not common.Also there aren’t very many success stories being reported from day and date or VOD only releases.

-Many European companies or smaller indie division within the studio units are not finding deals on their films very viable now. P&Ls for sales coming domestically (US) often have a 0 in the profit column. Sales can’t be counted on any more. Budgets have had to shrink accordingly because large deals aren’t happening so much any more.
Many of the newer players in the digital and VOD arena are constantly looking for content to fill their channels. Those films can play for a while until the audience gets more discerning.

-For any avenue chosen for distribution, the release has to create the feeling of an event to catch an audience’s attention. There is just too much in the market.
There is no one size fits all marketing and distribution plan. Each film needs to have its own plan handcrafted.

-Given the risk and expense, distributors are going to be much more discerning about what films they are passionate about and believe in before offering a deal.They want to be very sure there is an audience for a theatrical release before committing to such a deal.

-The Blu Ray market is still huge for certain types of films. Genre including family, horror, sci fi still do business on disc for Walmart and Redbox.

-Certain theaters are catching onto the idea of making the cinema an experience. Food, bigger seats, more varied showtimes, 4D seats are all increasing the feeling of an event in the cinema.

-Theaters are still resisting the idea of day and date. Regal and Cinemark chains are adamant about preserving the theatrical window. But AMC is more open to experimentation as long as the distributor will pay a 4 wall fee to rent their theaters. IFC and Magnolia own their own theater chains so they have been the most aggressive about trying Ultra VOD and day and date release. IFC buys about 50 films a year that they run though VOD and day and date releases.

-Due to regulation, Canada has not been able to experiment with this kind of releasing model yet.

-Berney still believes in the power of the theatrical release to affect an audience and that it is the best way to make a film break out.

-Netflix has been the savior for films that may not get a pay TV deal. Essentially, subscription VOD is on par with selling to HBO or Showtime. But Netflix takes far more films than those broadcasters.

-Social media advertising is allowing a more targeted and lower cost alternative to traditional advertising, plus providing much needed data on which to base strategic marketing decisions. Also these tools allow filmmakers to get clips, trailers, images etc to get out more widely for a lower cost and build pre release awareness that wasn’t even possible 10 years ago.

-There are just so many more opportunities now to get a film out, but it will take some time for the business side, the money making side, to catch up. That’s the uncertainty we are dealing with now.

Whether engaging in digital distribution via a distributor or on one’s own (DIY), the burden of producing deliverables is increasingly shifting onto filmmakers.

At TFC, when we speak of empowerment through education, we are often talking about the digital landscape as a whole. However, there is also a lot to be learned in the details. I’m sure every filmmaker can rattle off a list of annoyingly small screw-ups with deliverables and assets that ended up throwing multiple members of his or her team into a tizzy for an entire day, wasting precious time, manpower and financial resources.

Accordingly, arming yourself with a little more knowledge about how the industry works, and, in particular, how technology works, can help you dodge a few more bullets down the road. Here are 3 nitty gritty tips we’d like to pass on:

1) Trailers

It’s very easy to put your trailer up on YouTube or Vimeo these days. So easy in fact that filmmakers often forget that these platforms are anomalies when it comes to requirements for eligibility.

For other mainstream digital platforms, pretty much any time there is a digital storefront, whatever is outside of the pay wall needs to be viewable for all audiences: free of foul language, nudity, excessive violence, etc.

I can’t tell you the number of trailers we have seen with words like fuck and shit still in them…iTunes is not going to take a trailer with any language that needs to be bleeped out on television. Neither will it accept scenes with a butt shot, a sex toy, naked breasts…the list is long and can get murky real quick, and, like MPAA ratings, may be quite subjective and potentially unfair.

We totally get it…filmmakers want to be as provocative as possible, don’t like being inhibited, and want their trailers to represent as closely as possible the tone of their film. And they usually make their trailers long before they ever have to think about digital distribution. But if you don’t want to have to go back and recut your trailer down the road, you need to think about these things. If you want two versions of your trailer, that’s fine, but at least one one of them has to be no more than, let’s say, PG.

2) Closed Captioning and Subtitles

Many platforms, including iTunes and Netflix, now require that all new films be submitted with closed captioning for the hearing impaired. Closed captioning is different from subtitling in that it sometimes includes descriptions of non-speech elements, like sound effects or music. Captioning costs run from $350 to $800 per title.

Most filmmakers send their films out to a captioning/subtitling lab, or use rather expensive software to do it themselves (more information about these labs/software can be found on the ResourcePlace section of our website). Usually, filmmakers receive a small, emailable, external file from the lab and submit to their distributor/aggregator without giving it much additional thought.

However, we have seen a number of cases where mistakes have been made, which can result in a rejection of your content by the platforms and a delay in your scheduled release date. There are many closed captioning requirements, particularly regarding things like when captions come on and how long they stay on screen, and we have seen some problems in this area.

But by far the biggest cause of rejection is when closed captioning covers some of the lower thirds in the film. This is especially true in documentaries, where subjects are interviewed and their names appear as text graphics on screen. In those cases, the offending line of closed captioning must be moved (usually to the top of the screen).

There are two ways that these errors can be prevented. One is to go through your film and note the approximate time codes of all your lower thirds and ask your captioning lab to pay special attention to these areas.

The second way is to check the lab’s work before submitting to a distributor/aggregator. The most common file extension for closed captioning is .SCC (Scenarist Closed Caption). This is the file you are going to submit. However, it is not possible to view this file alongside your film in QuickTime or VLC. So you should ask your lab to convert it into a subtitle file and send that to you as well (this file would be solely for checking purposes…it shouldn’t be submitted to anyone).

The catch is that the most common form of subtitle file, .SRT (SubRip), does not hold placement, so while it is OK to ask for this file type merely for checking timing and accuracy of dialogue, you will not see any difference between lines that are on the bottom or those that have been moved to the top—they will all appear on the bottom. So the key is to ask for a different file format if you have dialogue spoken over lower thirds. Subtitle file types that hold placement are .STL (Spruce subtitle format) or iTunes Timed Text (iTT), a subset of TTML. For more on subtitling than you ever want to know, visit <a “href= http://en.wikipedia.org/wiki/Subtitle_(captioning) “>Wikipedia.

Lastly, speaking of subtitle files, we have seen many filmmakers obtain subtitle files from international film festivals (especially Spanish) and want to know if they can submit that as an extra to their North American release.

The answer is yes as long as it, like closed captioning, doesn’t cover up the lower thirds, and as long as your English master is textless (i.e. no burnt-in English subtitles). An important lesson here is that if your film has any lower thirds where dialogue is spoken over it, you will not be able to use .SRT files for any of your localized languages…use one of the other formats (.STL or .ITT).

So if someone produced an .SRT file for you, and you have lower thirds with dialogue spoken over them, you’ll need to get it converted and fixed before submitting to digital platforms.

Knowing exactly what you need will help you save time and get the best deal from your Subtitling Lab., because you will have pre-negotiated what you need in advance.

3) Digital Output

One of our members from Australia asked us about getting all of their lab deliverables taken care of at once so that they could qualify for The Producer Offset, which is a refundable tax offset (rebate) for producers of Australian feature films, television and other projects. While this credit may not apply to filmmakers who are not down under, I’d like to reiterate here what I told him: that producing deliverables too soon can cost you more in the long run.

If you produce a DCP or HDCAM, which can cost $2K or more, and approximately $350, respectively, before you sell your film, what happens when your distributor asks you to submit deliverables with their logo in front of it? You have to go back and do it again.

As far as DCP goes, until you are SURE that your film is playing at a top-notch festival, or that your film is even going to have a theatrical release, it may be best for you to wait, and only produce deliverables like ProRes, Blu-Ray and DVD in the short-term.

And by way of conclusion, speaking of DCP, TFC’s head of Festival Distribution, Jeffrey Winter, has offered a post on DCP headaches HERE.

The Film Collaborative is working with a number of filmmakers who have decided to handle their own theatrical tours. Our colleague in charge of managing these theatrical tours is Bryan Glick and he shares the reasoning behind the cities and theaters chosen for the upcoming release of Born to Fly: Elizabeth Streb vs Gravity opening September 10 in New York City.

Anything that is too safe is not action!

-Elizabeth Streb

Born To Fly: Elizabeth Streb vs. Gravity is the latest DIY Hybrid-theatrical that The Film Collaborative is managing. I was lucky enough to see a rough cut just before SXSW and was truly blown away by how visual the film is. It demands to be seen on the big screen in order to fully appreciate the daring exploits of these athletic dancers.

Film Forum clearly agreed and by the time SXSW arrived, venerable New York cinema had already secured a week long engagement for “BTF” in September. With that glowing endorsement in place, we moved forward to draft a self financed Theatrical plan for the film which was made up of festival screenings and cinemas, both of which will provide revenue opportunities.

On the festival front, the film has since played at Full Frame, Sheffield, and Frameline LGBT along with 20+ others. The festival circuit serves a dual purpose for the film 1) to boost interest in the theatrical and secure further bookings in that space and 2) the festival screening fees may be much more than what the film would take in from a theatrical run in some cities.

“Gauntlet” Photo by Tom Caravaglia

Elizabeth Streb and her dance company are based in Brooklyn, New York so it was clear NYC is where the film should start its release. We fully anticipate NYC to be the biggest theatrical total of any of the markets. While that’s not unique, our grosses are likely to be abnormally tilted towards the NYC numbers. We saw a similar phenomenon with Ira Sachs’ “Keep the Lights On,” (the film is set in Manhattan) which played for almost two months in NYC.

Having a several month head start, the filmmakers, TFC, and Streb reached out to a number of potential groups to take advantage of the $7.50 group discount at Film Forum. We now have over $5,000 in pre-sales for our engagement and multiple sold out screenings. In addition, we are “eventizing” these screenings by scheduling several Q&A’s with the filmmaker and central subject of the film. This strategy is being duplicated in LA and San Francisco where we open two weeks later. We are having a special free preview at The Hammer Museum in LA to boost word of mouth in Los Angeles ahead of a run at Laemmle’s NoHo where Elizabeth and the film’s director, Catherine Gund, will both be present for opening weekend. We also will have them Skype in for the San Francisco screenings during opening weekend at Vogue Theatre. In knowing our target audience, we chose this theater in Presidio Heights because it serves an older, well educated clientele with interest in the arts. The Vogue regularly shows special dance screenings from Ballet/Modern companies and comes at a much lower cost point than Landmark Theatres with none of the hassle.

In an effort to keep costs down and maximize revenue, we are relying on the strength of Inclusive PR to secure prominent press coverage and reviews; an in-house email database with 1000′s of contacts collected over the years; grassroots outreach to dance companies, arts organizations, senior organizations and the LGBT community; and social media. We are also avoiding chains like Landmark that require specially created DCP’s and bigger traditional print ad buys which, for a niche film of this nature, would not be targeted enough and enable the film to recoup the costs let alone see profit.

The theatrical rollout is intentionally slow, only adding 1-3 cities each week so as not to get overwhelmed by all of the support each city would need. We have a lean team and a lean budget so we are allocating a few hundred dollars in social media and digital ads and large markets may get highly targeted print ads. So far, we’ve saved thousands of dollars by not four walling at a single venue! As such, the release will cost comfortably less than $50k.

Elizabeth Streb is well known in the dance world, but it still takes time to build up word of mouth for this film. We are relying on a mix of lesbian, dance, and senior organizations for support. As with every specialty release, it is important to know your niche(s). While TFC usually avoids print ads when possible, in this case a limited amount make sense. Our audience skews older, educated and is more likely to read the newspaper. Our social media is geared specifically towards Facebook which, while falling out of fashion with millennials, is still prime territory for the 45+ group. We are sending regular email updates and blasts while consciously monitoring our paid media budget.

Added to these screenings, we will also incorporate theatrical on demand and have the film available on TUGG. That tool may be used by fans to bring the film to some smaller towns where Elizabeth Streb and her dancers have toured to in the past.

We anticipate somewhere around 20 markets for the theatrical in addition to festival screenings and a separate Canadian theatrical. The goal is to build a presence for the film that will feed the VOD/Digital/TV releases while minimizing the potential for loss that is often the hallmark of an indie film theatrical release. No easy task in the theatrical industry, but a challenge we happily embrace.